Cases: Allocation

Allocation, Section 1717: James Fleming/Capistrano Unified School District Battle Comes To Roost–$123,233 Fees/$6,60.10 Costs Award Affirmed On Appeal

Cases: Allocation, Cases: Section 1717

  Contractual Basis Was There, And No Apportionment Required Under the Facts.      The long-standing battle between Mr. Fleming and Capistrano Unified School District (CUSD) has finally ended, we think, in Fleming v. Capistrano Unified School Dist., Case No. G048523 et al. (4th Dist., Div. 3 Jan. 7, 2015) (unpublished). This concerned Mr. Fleming’s involvement […]

Allocation/Reasonableness Of Fees: Vast Portion Of $2.1 Million Fee Award Under Unruh Act/Interrelated Tort Claims Affirmed On Appeal Where Total Recovery Was $1.654 Million

Cases: Allocation, Cases: Reasonableness of Fees

  One Reversal Involved A Non-Class Action Percentage Of Recovery Methodology Found Flawed By The Appellate Court, So Apportionment Re-Do On One Issue Was Ordered.      Paletz v. Adaya, Case No. B247184 (2d Dist., Div. 3 Dec. 29, 2014) (unpublished) involved bad facts, resulting in a substantial jury verdict and substantial fees, most of which

Allocation/Reasonableness Of Fees: $362,000 In Fee Recovery To Contractor Stepping Into Developers Shoes And Guarantors For Winning Against Construction Lender Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

Bank’s Failure to Contest Fee Entitlement Meant Only Amount of Fees At Issue—With Reasonableness And Apportionment Issues Left to Trial Court Discretion.      California Bank & Trust v. Del Ponti, Case No. E053187 (4th Dist., Div. 2 Dec. 9, 2014) (partially published; fee discussion unpublished) is a construction lender liability case with fairly draconian facts

Allocation/Multiplier/Prevailing Party/Reasonableness Of Fees/Section 1717: $180,648 Contractual Fee Recovery Affirmed In Case Where Plaintiffs Recovered Total Contract/Tort Underlying Award Of $109,000

Cases: Allocation, Cases: Multipliers, Cases: Prevailing Party

  $425,000 Fee Request Plus 1.5 Multiplier Nixed on Appeal.      In Holquin v. Dish Network LLC, Case No. D059983 (4th Dist., Div. 1 Sept. 22, 2014) (published), plaintiffs won a combined economic/noneconomic verdict against DISH Network and others in a satellite T.V. dispute. However, the rub was an attorney’s fees clause in the Residential

Allocation/Reasonableness Of Fees/Section 1717: $1.6 Million Fee Award Against Nonsignatory Losing Plaintiffs Based On Lease Fee Clause Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees, Cases: Section 1717

  Allocation, Nonsignatory, and Unsuccessful Work Arguments Rejected.      In Cal-Murphy, LLC v. Hines Interests Limited Partnership, Case Nos. A137609/A139772 (1st Dist., Div. 5 Aug. 1, 2014) (unpublished), non-prevailing parties appealed some adverse fee rulings, which aggregated about $1.6 million. With a very slight modification, the orders were sustained on appeal.      Non-prevailing plaintiffs were

Allocation/Civil Rights/Reasonableness Of Fees: $73,160 Fee And $3,029.40 Costs Award Against Losing Civil Rights Plaintiff In Favor Of L.A. County Affirmed On Appeal

Cases: Allocation, Cases: Civil Rights, Cases: Reasonableness of Fees

  30% Reduction of Fee and Costs Request Deemed Reasonable.      In Villafana v. County of Los Angeles, Case No. B246866 (2d Dist., Div. 4 July 30, 2014) (unpublished), civil rights plaintiff bringing FEHA/federal civil rights/California Family Rights Act/public policy violation claims lost a summary judgment to L.A. County based on the statute of limitations

Allocation/Equity/Trade Secrets: Where Default Judgment Reversed For 3 Out Of 4 Defendants, Attorney’s Fees Had To Be Revisited Although Fourth Defendant Conceded Liability.

Cases: Allocation, Cases: Equity, Cases: Trade Secrets

  Complaint Prayer Gave Notice, But Fee Amount “Re-do” Necessary on Remand.      In Lawson-Hawks Ins., Inc. v. McVey Ins. Broker, Inc., Case No. H038466 (6th Dist. July 22, 2014) (unpublished), plaintiff sued four defendants (an insurance agency, an insurance brokerage company, and certain agents) for willful violation of trade secrets. Plaintiff obtained a default

Allocation/Section 1717: $41,350 Fee Award Reversed Because Only One Claim Was “On The Contract” Under 1717 And No Apportionment Decisions Made By Lower Court

Cases: Allocation, Cases: Section 1717

  Silence in the Record as to Apportionment Required Remand.      The Third District in Painter v. Francis Realty, Inc. Profit Sharing Plan, Case No. C073864 (3d Dist. June 23, 2014) (unpublished) considered a situation where a borrower under a promissory note/deed of trust brought multiple causes of action against creditor. The problem was that

Allocation/Prevailing Party/Reasonableness Of Fees/Special Fee Shifting Statute: Two Tenants Recovering Fees Of $184,330.40 In Tenant Ordinance Dispute Keep Them On Appeal Against Landlord Defendants

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

  Fee Award Did Not Have To Be Proportional To $45,441 Jury Verdict Recovery.      In Ochoa v. San Juan, Case Nos. A130993/A131051 (1st Dist., Div. 2 June 9, 2014) (unpublished), the appellate court considered the review of a $184,330.40 to two tenants under a tenant ordinance/ local proposition with prevailing party provisions even though

Allocation/Reasonableness Of Fees/Section 1717: LLC Member Fee Recovery Of Around $327,000 In Fees Affirmed On Appeal

Cases: Allocation, Cases: Reasonableness of Fees

  Apportionment and Mitigation Arguments Rejected By Reviewing Court.      Hill v. Degery, Case No. H038874 (6th Dist. June 9, 2014) (published) is a situation where, after an earlier appeal reversing a fee denial, an LLC member was granted fees based on its statutory immunity defense that it could not be liable unless its conduct

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